Enforcement actions

Last updated: 6/06/2019 7:24 PM
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​The Department of Communities (Communities) makes decisions about when to investigate non-compliance, and which enforcement action is appropriate, according to the Compliance Enforcement Framework.

Communities publishes details about the following enforcement actions for serious non-compliance:

  • Suspension or cancellation of provider approvals, service approvals and of supervisor certificates.
  • Issue of compliance notices.
  • Imposition of conditions on approvals or certificates for purposes of enforcement.
  • Acceptance by Communities of enforceable undertakings.
  • Details of prosecutions or applications to the State Administrative Tribunal.

Once published on the Department's website the enforcement action will remain listed for 24 months.

The State Administrative Tribunal (SAT) publishes its orders and decisions, with Communities providing an overview. When SAT has published the order, the Communities entry will contain a link to the particular order.


All references to sections and regulations are to sections of the Schedule to the Education and Care Services National Law (WA) Act 2012 (National Law) and regulations of the Education and Care Services National Regulations 2012 (national regulations) unless otherwise specified.

  
prohibited educator
Ms Fenner Dale is prohibited under section 182 of the National Law from working or volunteering in education and care, and has been prohibited since 18 Sept 18.
Ms Fenner Dale has contravened s187 of the National Law by working as an educator while under a prohibition notice. Ms Fenner Dale has contravened s.295(1) of the National Law by providing the Regulatory Authority with documents she knew were false or misleading when providing them.

Prosecution – Filed 28 March 2019 at the Fremantle Magistrates Court
Further prosecution filed on 9 August 2019.

On 21 August 2019 Ms Fenner-Dale pleaded guilty to 5 charges of working as an educator while under a prohibition notice, 25 charges of providing the Regulatory Authority with documents she knew were false or misleading, 1 charge of obstruction and 2 charges of holding herself out as a certified supervisor when she did not hold a supervisor certificate.

Next action
The sentencing date for the charges is on 22 October 2019 in Fremantle Court.
  
Jellybeans Child Care – Warwick (SE-00012734) 121 Ellersdale Avenue Warwick WA 6024
The Approved Provider (AP) is alleged to have contravened • Section 169 Offence relating to staffing arrangements • Section 175 Offence relating to requirement to keep enrolment and other documents • Regulation 117(a) Placing a person in day-to-day charge • Regulation 123 Educator to child ratios centre-based services • Regulation 126 Centre – based services general educator qualifications • Regulation 147 Staff members • Regulation 150 Responsible Person • Regulation 151 Record of educators working directly with children • Regulation 158 Children attendance records to be kept by approved provider • Regulation 160 Child enrolment records to be kept by approved provider • Regulation 162 Health information to be kept in enrolment record • Regulation 173 Prescribed information to be displayed • Regulation 177(2) Prescribed enrolment and other documents to be kept by approved provider

Issue of compliance notice (S 177) on 25-July-2019 requiring compliance by 15-August-2019. Notice required the AP to:

  • Demonstrate written procedures and processes are in place to ensure the minimum number of educators required to educate and care for children at a centre-based service are in accordance with the ratios set out in Regulation 123 and Regulation 126.
  • Demonstrate that written processes / procedures are in place to ensure there is a responsible person present during all times the service provides education and care and keep a record of this.
  • Provide evidence to demonstrate that there are written processes and procedures in place to ensure that the correct responsible person is displayed at all times.
  • Demonstrate that written processes / procedures are in place in relation to managing and creating staffing rosters to ensure that records of educators working directly with children are accurate and comply with the legislative requirements, including but not limited to staffing ratios, staffing qualifications and non-contact duties.
  • Provide evidence to demonstrate that there are written processes / procedures in place to ensure that the attendance records for enrolled children are signed by the person who delivers and collects the children and that the child's arrival and departure times are accurately recorded.
  • Provide evidence of written policies, processes and procedures to ensure that every enrolled child present at the service has an enrolment record.
  • Demonstrate that there are written processes / procedures in place to ensure that the approved provider holds a record of the identifying number of the current check conducted under the law for working with children, and the expiry date of that check for each educator as per Regulation 147(d).
  • Demonstrate that there are written processes / procedures in place to ensure that all staff records contain the information prescribed in Regulation 147, including but not limited to evidence of relevant qualifications held by the staff member.
  • Provide evidence to demonstrate that management, the nominated supervisor and all staff members are aware of, understand and have had training on the written processes and procedures in place.
Outcome
AP failed to comply by 15-August-2019. The AP submitted evidence within the timeframe, however, the evidence provided did not satisfy the requirements of the Compliance Notice. A subsequent letter was issued, and additional time provided for the AP to comply by 4-September- 2019. The AP submitted the required evidence and now satisfies the requirements of the Compliance Notice.
  
Cuddles Early Learning & Childcare South Lake (SE:00012364) Unit 43 Lakes Shopping Centre, 620 North Lake Road, SOUTH LAKE WA 6164
The Approved Provider (AP) is alleged to have contravened: • Section 175 Offence relating to requirements to keep enrolment and other documents • Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair • Regulation 151 Record of educators working directly with children • Regulation 177(2) Prescribed enrolment and other documents to be kept by approved provider

Issue of Compliance Notice (S 177) on 19-June-19 requiring compliance by 3-July-19. Notice required AP to:

  • Provide evidence to demonstrate there are written processes in place to ensure all information pertaining to educators, including their qualifications or evidence of actively working towards a qualification is available at the service.
  • Provide evidence to demonstrate supporting documentation determining the suitability of a person to be the Nominated Supervisor or a person in day to day charge are obtained prior to appointing the person and kept at the service premises.
  • Provide written processes in place to ensure all records are accurate and management, the Nominated Supervisor and educators are aware of the importance of this requirement.
  • Provide evidence that management, the nominated supervisor and all staff have received training in relation to the above requirements.
  • Provide evidence that various items found in disrepair have been repaired, replaced or removed.


Outcome
The AP submitted the required evidence within the specified timeframe and now satisfies the requirements of the Compliance Notice.
  
Jelly Beans Childcare Wellard (SE:40007346) 50 Breccia Parade, WELLARD WA 6170
The Approved Provider (AP) is alleged to have contravened: • Section 165 Offence to inadequately supervise children

Issue of Compliance Notice (S 177) on 8-July-19 requiring compliance by 22-July-19. Notice required AP to:

  • Provide evidence to demonstrate there is a documented supervision risk management plan in place taking into consideration: children transitioning between age groups, children transitioning between rooms within the service, implementing an indoor and outdoor curriculum and how routine tasks such as toileting and nappy changing will be managed.
  • Provide evidence that management, the nominated supervisor and all staff have received training on the requirements of the supervision risk management plan.


Outcome
The AP submitted the required evidence within the specified timeframe and now satisfies the requirements of the Compliance Notice.
  
Fun-A-Rama Halls Head. (SE-00014245.) Frederick Irwin Anglican School, 1 Maxflower Vista Halls Head WA.
The approved provider (AP) family day care educator (FDCE) contravened section 167(1) of the National Law on 11-Feb-19 by failing to ensure that every reasonable precaution was taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury.

Application to SAT for disciplinary action [2019] VR 75 – Filed 22-May-19

Outcome
On 26-Jul-19 the Tribunal ordered the AP/FDCE to pay a penalty of $13,000 for the contravention of section 167(1) and to pay a contribution of $2,000 towards the Department’s legal costs.
  
Buggles Child Care – Beckenham (SE-00012435) 118-120 William Street Beckenham WA 6107
THe Approved Provider (AP) is alleged to have contravened: Section 165(1) Offence to inadequately supervise children. Section 167(1) Offence relating to protection of children relating to harm and hazards

A compliance notice( S177) was issued on 28-Jun-19 requiring compliance by 29-Jul-19.

The notice required the AP to conduct training with all staff (and put in place procedures to conduct training with all new and relief staff) in:

  • Active supervision in all areas of the service including taking into account times of free flow and include indoor and outdoor areas
  • Conduct risk assessment for any potential hazards, assessing and identifying risk of harm to enrolled children.
  • Policies and procedures in place at the service
Outcome
The AP failed to comply by 29-Jul-19, however subsequently submitted evidence satisfying compliance with the requirements of the notice on 6-Aug-19.
  
Walliston Early Learning Centre (SE-00012702) 22 Banksia Road, Walliston, WA, 6076
The Approved Provider (AP) is alleged to have contravened: Section 169 - Offence relating to staffing arrangements Section 167 – Offence relating to protection of children from harm and hazard Section 175 – Offence relating to requirement to keep enrolment and other documents Regulation 97 – Emergency and evacuation procedures Regulation 103 – Premises, furniture and equipment to be safe, clean and in good repair. Regulation 117A – Placing a person in day-to-day charge Regulation 136 – First aid qualifications Regulation 158 – Children’s attendance records to be kept by approved provider

Issue of Compliance Notice (S 177) on 28 February 2019 requiring compliance by 29 March 2019. Notice required the Approved Provider to:

  • Provide a written report that shows how;
  1. the required educator to child ratios are met at all times including over lunch time breaks
  2. how the service is going to meet the minimum qualification requirements for early childhood teacher, diploma and certificate III
  • install a self-closing/locking laundry door to ensure this area is always inaccessible to children.
  • ensure all staff have had training on the safe storage of hazardous materials and the processes in place to ensure children are protected from harm and hazard.
  • provide training to all staff to ensure the service's enrolment policy and procedures are being effectively implemented to ensure all children have a completed enrolment form prior to commencement at the service.
  • ensure each child currently attending the education and care service has a completed enrolment record in accordance with regulations 160, 161 and 162.
  • conducts emergency evacuation drills at least every three months as per regulatory requirements
  • conduct a risk assessment in consultation with the local shire's recommendations to identify potential emergencies that are relevant to the service, such as bushfire.
  • create a bushfire plan in consultation with a relevant authority
  • ensure staff are aware of the potential emergencies relevant to the service, including bushfire and are aware of the emergency procedures in place and the requirement to conduct drills at least every three months.
  • remove the piles of leaves and dry weeds present in the outdoor area and ensure roof gutters are clean and clear of any debris
  • repair tap in children's bathroom leaking water
  • repair water damage present in babies' cot room and provide evidence that no mould is present.
  • provide training to the people agreeing to the role of responsible person to ensure they understand the role and responsibilities of being placed in day-to-day charge.
  • identify on the staff roster which staff member has their first aid qualification, to ensure at least one staff member is always in attendance any time education and care is being provided.
  • create a tracking document to ensure staff first aid qualifications are always kept current in accordance with regulation 136.
  • conduct training to ensure all educators and management staff are aware of the legal requirement to keep an accurate record of attendance that –
  • records the full name of each child
  • records the date and time each child arrives and departs
  • is signed at the times that the child arrives and departs
  • educate families through communication forums, such as newsletters and emails to explain the importance of families signing their child in and out of the service.  


Outcome
AP failed to comply by 29 March 2019. The AP submitted evidence within the timeframe, however, the evidence provided did not satisfy the requirements of the Compliance Notice. A subsequent letter was issued, and additional time provided for the AP to comply by 29-May-19. The AP provided evidence that partially complied with the Compliance Notice, but some matters were still outstanding as of 29-May-19. AP surrendered service approval 5-July-19. Further action may be taken by the Education and Care Regulatory Authority.
  
Family Day Care Educator registered with Nectar FDC Service
The family day care educator (FDCE) contravened section 165(3) of the National Law on 15-Mar-19 by failing to ensure that any child receiving education and care by her as a family day care educator as part of a family day care service was adequately supervised. The FDCE also contravened section 174A of the National Law by failing to notify the approved provider of the service of a serious incident as defined by the National Law.
Outcome
On 03-Jul-19 the Tribunal ordered the AP/FDCE to pay a penalty of $1,500 for the contravention of section 165(3), and $500 for the contravention of s174A, and to pay a contribution of $1,000 towards the Department’s legal costs.
  
Little Learners Early Development & Education Centre (SE:00012871) 242 South Street, HILTON WA 6163
The Approved Provider (AP) is alleged to have contravened: * Section 165 Offence to inadequately supervise children * Section 167 Offence relating to protection of children from harm and hazards * Section 175 Offence relating to requirements to keep enrolment and other documents

Issue of Compliance Notice (S 177) on 27-Feb-19 requiring compliance by 13-Mar-19. Notice required AP to:

  • Provide evidence to demonstrate there are written processes in place to ensure adequate supervision of the ‘Bush Kindy’ at all times taking into consideration the shape of the outdoor environment and the location of the toilet facilities.
  • Provide evidence to demonstrate written processes are in place to ensure every reasonable precaution is taken to protect children from harm and hazard in the ‘Bush Kindy’ outdoor environment.
  • Provide evidence to demonstrate there are written processes in place ensuring there is a responsible person present during all times the service provides education and care and keep a record of this.
  • Provide evidence there are written processes in place to ensure there is an accurate record of educators working directly with children.
  • Provide evidence that management, the nominated supervisor and all staff members have had training on the written processes in place in relation to effective supervision in the ‘Bush Kindy’ outdoor environment.

Outcome
The AP submitted the required evidence within the specified timeframe and now satisfies the requirements of the Compliance Notice.
  
Cuddles Early Learning & Childcare South Lake (SE:00012364) Unit 43 Lakes Shopping Centre, 620 North Lake Road, SOUTH LAKE WA 6164
The Approved Provider (AP) is alleged to have contravened: • Section 162 Offence to operate education and care service unless responsible person is present • Section 165 Offence to inadequately supervise children • Section 175 Offence relating to requirements to keep enrolment and other documents • Regulation 97 Emergency and evacuation procedures • Regulation 170 Policies and procedures to be followed

Issue of Compliance Notice (S 177) on 27-Feb-19 requiring compliance by 13-Mar-19. Notice required AP to:

  • Provide evidence to demonstrate there are written processes in place to answer the door that does not compromise supervision or take educators working directly with children away from their duties.
  • Provide evidence demonstrating training with management, the nominated supervisor and all staff member on effective supervision has been completed.Provide written processes in place to ensure there is a responsible person present during all times the service provides education and care and keep a record of this.
  • Provide written processes in place to determine the suitability of Nominated Supervisor in accordance with Regulation 117C Minimum requirements for a nominated supervisor and keep a record of this.
  • Provide written processes in place to determine the suitability of a person in day to day charge in accordance with Regulation 117B Minimum requirements for a person in day to day charge and keep a record of this.
  • Provide photographic evidence the emergency floor plan and procedure is displayed next to each exit.
  • Provide evidence that management, the nominated supervisor and all staff have conducted training in relation to understanding and following policies and procedures.

Outcome
The AP submitted the required evidence on 24-Apr-19 and now satisfies the requirements of the Compliance Notice.
  
Little Peoples Place Port Kennedy (SE: 00012690) 4 Helmshore Way, PORT KENNEDY WA 6172
The Approved Provider (AP) is alleged to have contravened: - Section 174 Offence to fail to notify certain information to Regulatory Authority

Issue of Compliance Notice (S 177) on 9-Jan-19 requiring compliance by 8-Feb-19. Notice required AP to:

  • Provide evidence to demonstrate a policy and procedure has been developed in relation to reporting requirements including the prescribed timeframes.
  • Provide evidence to demonstrate management staff, the nominated supervisor and responsible persons have completed training on their roles and responsibilities in relation to reporting requirements.


Outcome
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice.
  
Rockingham Montessori School OSHC (SE-40011719) 7 Attwood Way Rockingham WA 6168
The approved provider (AP) is alleged to have contravened: • Section 167 Offence relating to protection of children from harm and hazard • Section 165 Offence to inadequately supervise children • Section 169 offence relating to staffing arrangements

Compliance Notice (s.177) issued on 6-May-19 requiring compliance by 21-May-19.  

The notice required the AP to:

  • Provide evidence that all staff have received training on the updated policies and procedures.

  • Provide a written report on how the service will ensure that prescribed staffing levels are maintained during an education and care session (as set out in regulation 369 educator to child ratios - children over preschool age).

Outcome
The AP submitted the required evidence and now satisfies the requirements of the Compliance Notice.
  
Quinns Kids. (SE-40007708) 8 Salerno Drive Mindarie.
The approved provider (AP) contravened section 165(1) of the National Law on 17-Jan-19 by failing to ensure that all children being educated and cared for by its Service were adequately supervised at all times the children were in the care of its Service.
Outcome
On 20-May-19 the Tribunal ordered the AP to pay a penalty of $9,000 for the contravention of section 165(1) and to pay a contribution of $1,000 towards the Department’s legal costs
  
Leederville Early Childhood Centre  (SE-00012832) 244A Vincent Street, Leederville, WA, 6007
The approved provider (AP) is alleged to have contravened: • Section 167 - Offence relating to requirement to protection of children from harm and hazard • Regulation 79(1) - Service providing food and beverages

Compliance Notice (s 177) issued on 27-Mar-19 requiring compliance by 17-Apr-19. Notice required AP to:
-          develop and implement a written policy or procedure which documents the services processes, and staff members responsibilities in relation to preparing and serving food for children with dietary requirements;
-          conduct training with all educators and staff members in the next staff meeting, about the services processes, and staff members responsibilities in relation to preparing and serving food for children with dietary requirements;
-          develop and implement a risk minimisation plan and communication plan for each child enrolled in the service who is diagnosed with asthma, diabetes or at risk of anaphylaxis. This must be in accordance with Regulation 90 of the Education and Care Services National Regulations 2012.

Outcome
AP provided evidence of compliance with the notice on 18-Apr-19.
  
Nature’s Atelier  (SE-40013179) 431 Rendezvous Rd VASSE 6280 WA
The approved provider (AP) is alleged to have contravened section 165(1) of the National Law on 13-Mar-19 by failing to ensure that all children being educated and cared for by her service were adequately supervised at all times the children were in the care of the service. Two children were not collected from a bus stop, they were brought to the service by a member of the public.The AP agreed the service had an agreement with parents to collect children from the bus stop and accepted responsibility for the care of the children from the when they left the public transport. The educator who usually walked up the driveway and collected children from the bus stop across the road was ill on the day the children were not collected.

A Compliance Notice (s.177) was issued on 26-Mar-19 requiring compliance by 11-Apr-19.  

The notice required the AP to:

·         Develop and implement robust strategies, policies and procedures to ensure all enrolled children are adequately supervised, including using child attendance rolls to confirm handover of children during collection/delivery of children.
·         Conduct training with all staff on the reporting obligations of any serious incident or complaints. This is in reference to regulation 12 and 176 of the Education and Care Services National Regulations 2012 and section 174 of the Education and Care Services National Law (WA) Act 2012.
·         Provide evidence that all staff have received training on the updated Transport Policy and obligations to report serious incidents or complaints.

Outcome
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice
  
Little Peoples Place Early Learning Centre Evans Way. (SE-40006615.) 2 Evans Way Byford WA 6122.
The approved provider (AP) is contravened section 51(8) of the National Law on 28-Aug-18 and 5 Sept 18 and 6-Sep-18 by operating its service with more than its maximum permitted numbers of attending children The AP also on and after 5 Oct 18 contravened section 297(1) of the National Law by taking serious detrimental action against an educator in reprisal for a protected disclosure. Full facts are set out with the Tribunal’s order as linked to the “Action Taken”
Outcome
On 10-Apr-19 the Tribunal ordered the AP to pay a penalty of $16100 for the contraventions of section 51(8) and 297(1) and to pay a contribution of $2000 towards the Department’s legal costs.
  
South Coast Baptist School of Early Learning Childcare. (SE-00012887.) Lot 2 Gnangara Drive Waikiki WA.
The approved provider (AP) contravened section 165(1) of the National Law on 23-Aug-18 by failing to ensure that all children being educated and cared for by its Service were adequately supervised at all times the children were in the care of its Service. The AP also contravened 104(1) of the national regulations by failing to ensure that the outdoor space used by children at the education and care premises was enclosed by a fence that was of a height and design that children preschool age or under could not go through, over or under it. Full facts are published iwth the Tribunal's order. as linked to the "Action Taken"
Outcome
On 19-Mar-19 the Tribunal ordered the AP to pay a penalty of $8500 for the contraventions of section 165(1) and regulation 104(1) and to pay a contribution of $2000 towards the Department’s legal costs.
  
Mulberry Tree Child Care - North Perth. (SE-00012945.) 174 Grosvenor Road, North Perth.
The approved provider (AP) contravened section 165(1) of the National Law on 22-May-18 when a nearly 3-year-old child left the service unsupervised and was found crossing Grosvenor Street by 2 members of the public in their car.
Outcome
The matter went to mediation on 17-Sep-18 where an outcome was agreed. 20-Sep-18 the Tribunal ordered the AP to pay a penalty of $10500 for the contravention of section 165(3). The Tribunal also ordered the AP to pay a contribution of $2000 towards the Department’s legal costs.
  
Atlantis After School - Alkimos. (SE-40005747) Alkimos Primary School 340 Benenden Avenue Alkimos.
The approved provider (AP) contravened sections 165(1) and 173(1)(b) of the National Law on by on 27 July 2018 failing to ensure that all children being educated and cared for by its Service were adequately supervised at all times the children were in the care of its Service and on or after 5 Jan- 2018 failing to notify the Regulatory Authority in writing and within the prescribed time of the removal of a person with management and control of its service.
Outcome
On 27 Nov 18 the Tribunal ordered the AP to penalties of $9,000 for the contravention of section 165(1) and $1,000 for the contravention of section 173(1)(b) and to pay a contribution of $2,000 towards the Department’s legal costs.
  
Broome Daycare Centre. (SE-00012432.) 17 Barker Street, Broome.
The approved provider (AP) is alleged to have contravened section 165(1) of the National Law on 28 Sept 18 by failing to ensure that all children being educated and cared for by her service were adequately supervised at all times the children were in the care of the service.
Outcome
On 21 Dec 18 the Tribunal ordered the AP to pay a penalty of $2,000 for the contravention of section 165(1) and to pay a contribution of $1,000 towards the Department’s legal costs.
  
Camp Australia - West Leederville Primary School OSHC. (SE-00012746.) 58 Northwood Street West Leederville
The approved provider (AP) contravened section 51(8) of the National Law – contravening a condition on its service approval - on 14 different days between 6-Feb-8 and 22-May-18 by failing to ensure no more than 30 children attend its Service at any one time. The breach was deliberate in that the AP’s management deliberately attempted to devise a way around the requirements of the condition by keeping manual handwritten attendance rolls, separate from the online booking system, for all children whose attendance would put the AP in breach of the condition. This was the 8th occasion the Department had made an application to SAT regarding this AP.
Outcome
On 22-Oct-18 the Tribunal ordered the AP to pay a penalty of $210,000 for the contraventions of section 51(8) and to pay a contribution of $2,000 towards the Department’s legal costs.
  
Sonas Early Learning and Care Wattle Grove. (SE-40009558.) 332 Hale Road Wattle Grove
The approved provider (AP) contravened section 165(1) – ensuring adequate supervision - of the National Law on 31-May-18 when an attending child aged 1 year and 11 months left the service premises unnoticed and unsupervised until he was returned to the service around 4:40pm. CCTV footage from various sources showed him wandering alone around various locations at the Wattle Grove Shopping Centre complex. A member of the public alerted the service who then sent a staff member to collect the child.
Outcome
The matter went to mediation on 26-Sep-18 where a proposed outcome was agreed. On 19-Oct-18 the Tribunal ordered the AP to pay a penalty of $10,000 for the contravention of section 165(1) and to pay a contribution of $1,000 towards the Department’s legal costs.
  
Nature Alliance Family Day Care Service
The family day care educator (FDCE) contravened section 165(3) of the National Law by failing to ensure that any child receiving education and care by her as a family day care educator was adequately supervised. On 22 May 18 a nearly 3-year-old child left the service via the front door. At 9:44am CCTV footage shows the child wandering around the front yard of the residence for 8 minutes without any supervision and then heading south along the street. A adult female member of the public found the child and took the child to Rockingham police station.
Outcome
The matter went to mediation on 2 Aug 18 where an outcome was agreed. On 16 Aug 18 the Tribunal ordered the FDCE to pay a penalty of $3,000 for the contravention of section 165(3). The Tribunal also ordered the AP to pay a contribution of $1,500 towards the Department’s legal costs
  
Meadow Springs Early Learning Centre, (SE 00012898) Cnr Oakmont Avenue and La Grange Place, Meadow Springs
The approved provider (AP) contravened section 165(1) of the National Law by failing to ensure adequate supervision of all children in its care. On 18 Apr-18 a 2 ½ year old left the service unnoticed and unsupervised until an adult male member of the public brought him back to the service.
Outcome
The matter went to mediation on 6 Aug 18 where an outcome was agreed. On 13 Aug 18 the Tribunal ordered the AP to pay a penalty of $9,500 for the contravention of section 165(1). The Tribunal also ordered the AP to pay a contribution of $1,000 towards the Department’s legal costs.
  
Nippers Vacation Care (SE-00012984) 1 Moreton Crescent, Warnbro
The approved provider (AP) contravened section 165(1) of the National Law by failing to ensure adequate supervision of all children in its care. On 8 Mar-18 a nearly 7-year-old child was left on a bus the AP was using to take children from its service to their schools. He was due to be taken to school shortly after 8am but was found by one of AP’s staff on the bus at around 11:30am while the bus was parked at the AP’s staff members home.
Outcome
The matter went to mediation on 8 Aug 18 where an outcome was agreed. On 5 Sept 18 the Tribunal ordered the AP to pay a penalty of $9,000 for the contravention of section 165(1). The Tribunal also ordered the AP to pay a contribution of $1,000 towards the Department’s legal costs.
  
YMCA Kalgoorlie (SE-00012549) 1 YMCA Way, Kalgoorlie
The approved provider (AP) contravened section 165(1) of the National Law by failing to ensure adequate supervision of all children in its care. On 9 Mar-18 a nearly 5-year-old child was left on a bus hired by the AP to bring children from the school to its service. He was found asleep on the bus at the bus depot.
Outcome
The matter went to mediation on 4 July 18 where an outcome was agreed. On 19-July-18 the Tribunal ordered the AP to pay a penalty of $10,000 for the contravention of section 165(1). The Tribunal also ordered the AP to pay a contribution of $2,000 towards the Department’s legal costs.
  
Helping Hands Atwell (SE00012420) 160 Lydon Boulevarde, Atwell WA
The approved provider (AP) contravened section 165(1) of the National Law by failing to ensure adequate supervision of all children in its care. On 20 Feb-18 a 9 ½ year old child diagnosed with Autism left the AP’s service unnoticed and unsupervised and remained missing until the child’s mother informed the AP her child had walked home.
Outcome
The parties negotiated by email and drafted an in-principle agreement on an outcome, for the Tribunals consideration. On 11 July 18 the Tribunal ordered the AP to pay a penalty of $12,000 for the contravention of section 165(1) and ordered the AP to pay a contribution of $1,500 towards the Department’s legal costs.
  
Nature Alliance Family Day Care Service
The family day care educator (FDCE) contravened section 165(3) of the National Law by failing to ensure that any child receiving education and care by her as a family day care educator was adequately supervised. On 2 Mar-18 a 2-year old child left the FDCE’s residence unnoticed and unsupervised and remained missing for approximately 30 minutes.
Outcome
The matter went to mediation on 29 May 18 where an outcome was agreed. On 5 June 18 the Tribunal ordered the FDCE to pay Penalty of $1,500 for the contravention of section 165(3) and to pay a contribution of $500 towards the Department’s legal costs.
  
Little Beginnings Education Forrestfield (SE 00012862) 34 Berkshire Road Forrestfield
The approved provider (AP) contravened section 167(1) of the National Law by ensure that every reasonable precaution was taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury. On 30 Jan 18 a 4-year child was severely burned by hot water used in making play dough. The AP also contravened section 161 of the National Law by operating its service without a nominated supervisor for 11 months. The AP also contravened sections 173(2)(b), 174(2)(b), and 173(1)(b) of the National Law by failing to notify the Regulatory Authority of various matters.
Outcome
The matter went to mediation on 30 July 18 where an outcome was agreed. On 17 Aug 18 the Tribunal ordered the AP to pay penalties of: $22,000 for the breach of section 167(1), $1,500 for the breach of section 174, and a reprimant for th ebreach of section 173 and to pay a contribution of $500 towards the Department’s legal costs
  
N/A
The family day care educator (FDCE) contravened section 165(3) of the National Law by failing to ensure that any child receiving education and care by her as a family day care educator was adequately supervised. On 13-Dec-17 the FDCE left a 2-year-old locked in the residence while attending a medical appointment. The FDCE also contravened regulation 178(2) by failing to ensure attendance records were accurate.
Outcome
The matter went to mediation on 3 May 18 where an outcome was agreed. On 9-May-18 the Tribunal ordered the FDCE to pay a penalty of $3,000 for the breach of s165(3) and $200 for the breach pf r174(2). and to pay a contribution of $1,000 towards the Department’s legal costs.
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